Legislation effective on January 1, 2015, has changed the law governing court fee waivers involving guardians, conservators, and petitioners for their appointment. The new law clarifies that the fee waiver in such matters is in favor of the (proposed) ward or conservatee and must be based solely on his or her financial condition, but requires the fiduciary or the petitioner for the fiduciary’s appointment, or both, to participate in all court proceedings and to respond to all court orders concerning the waiver.

To implement this new law, the committee is proposing a new rule of court regarding fee waivers in guardianships and conservatorship proceedings and new versions of Judicial Council fee waiver forms for use by probate guardians and conservators, and by petitioners for their appointment. The rule would also address fee waivers in decedent estate proceedings.